Terms of Service Agreement

1. Introduction

1.1 Welcome to Indigolistings (the "Platform")

We are pleased to provide you with access to Indigolistings, an online platform designed to facilitate the posting, browsing, and interaction with advertisements for goods, services, and opportunities. Our goal is to create a secure and user-friendly environment for all Users.

1.2 Agreement to Terms

By accessing, browsing, or using any features of the Platform, you acknowledge that you have read, understood, and agree to comply with and be bound by these Terms of Service (the "Terms"). Your continued use of the Platform constitutes your acceptance of these Terms, as they may be updated or amended periodically.

1.3 Legal Binding Agreement

These Terms form a legally binding agreement between you, the User, and Indigolistings LLC ("Company," "we," "us," or "our"). They govern your use of the Platform, including any features, functionalities, or services offered therein. If you are entering into these Terms on behalf of an entity, you represent that you have the authority to bind that entity to these Terms.

1.4 Consent and Termination of Use

If you do not agree to these Terms or any updates to them, you must cease using the Platform immediately. Continued use of the Platform after any modifications to these Terms will constitute your acknowledgment and acceptance of the changes.

1.5 Communication and Notices

By using the Platform, you consent to receive communications from us electronically. We may communicate with you via email, in-app notifications, or other electronic means. All such communications are deemed to satisfy any legal requirements for written communication.

2. Definitions

2.1 "User"

Any individual, group, or entity that accesses, interacts with, or utilizes the Platform for any purpose, including but not limited to posting Listings, browsing content, or engaging in Transactions.

2.2 "Listing"

Any advertisement, offer, or post created by a User and made available on the Platform. Listings may encompass goods, services, events, opportunities, or other items as allowed under the Terms.

2.3 "Services"

The various functionalities and offerings provided by the Platform. These include, but are not limited to, tools for creating and managing Listings, communication between Users, and features facilitating Transactions.

2.4 "Content"

Any data, information, text, images, videos, or other materials uploaded, posted, transmitted, or otherwise made available by Users on the Platform. This includes Listings, user profiles, and any communications made through the Platform.

2.5 "Transaction"

Any interaction, negotiation, agreement, or exchange of goods, services, or value between Users facilitated by the Platform. Indigolistings LLC is not a party to Transactions and does not guarantee their success, quality, or outcome.

3. User Obligations and Responsibilities

3.1 Age Requirement

Users must be at least 18 years old to use the Platform.

3.2 Information Accuracy

Users must provide accurate, complete, and current information during the registration process.

3.3 Account Security

Users must maintain the confidentiality of their account credentials and are responsible for all activities that occur under their account.

3.4 Legal Compliance

Users must comply with all applicable laws and regulations, including data privacy laws and consumer protection laws.

3.5 Due Diligence

Users are responsible for conducting their own due diligence before engaging in any Transaction.

3.6 Prohibited Activities

Users must not use the Platform for any unlawful purpose or to promote illegal activities.

3.7 Content Standards

Users must not post any Content that is false, misleading, defamatory, or infringes on the rights of others.

3.8 Automated Systems

Users must not use any automated systems, including robots, spiders, or offline readers, to access the Platform in a manner that sends more request messages to the servers of the Platform than a human can reasonably produce in the same period by using a conventional online web browser.

3.9 Platform Integrity

Users must not interfere with or disrupt the Platform or servers or networks connected to the Platform, including by transmitting any worms, viruses, spyware, malware, or any other code of a destructive or disruptive nature.

3.10 Unauthorized Access

Users must not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform.

4. Listings

4.1 Listing Creation

Users may post Listings for items or services they wish to advertise.

4.2 Listing Responsibility

Users are solely responsible for the content of their Listings and ensuring it complies with all applicable laws.

4.3 Listing Verification

Indigolistings does not verify the authenticity, quality, or legality of items listed.

4.4 Prohibited Items

Listings must not include any prohibited items as defined in our Prohibited Items Policy.

4.5 Listing Visibility

Users agree that their Listings will be visible to other Users of the Platform and may also appear in search engine results and other publicly available platforms.

4.6 Content License

Users grant Indigolistings a non-exclusive, worldwide, royalty-free, fully paid, sublicensable, and transferable license to use, modify, reproduce, distribute, display, and perform the Content of their Listings in connection with operating and promoting the Platform.

5. Limitation of Liability

5.1 General Limitation

Indigolistings is not liable for any direct, indirect, incidental, special, consequential, or exemplary damages resulting from any aspect of your use of the Platform, including, without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses.

5.2 Content Accuracy

Indigolistings does not guarantee the accuracy, integrity, or quality of any Content posted on the Platform.

5.3 Fraudulent Activities

Indigolistings is not responsible for any fraudulent activities conducted by Users.

5.4 Platform Usage

Users acknowledge that they use the Platform at their own risk and that Indigolistings provides the Platform on an "as is" and "as available" basis.

5.5 Platform Availability

Indigolistings does not warrant that the Platform will be uninterrupted, timely, secure, or error-free, or that any defects in the Platform will be corrected.

5.6 Content Reliability

Indigolistings does not warrant or make any representations regarding the use or the results of the use of any Content on the Platform in terms of its correctness, accuracy, reliability, or otherwise.

6. Indemnification

6.1 User Indemnification

Users agree to indemnify and hold harmless Indigolistings, its affiliates, officers, agents, and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content Users submit, post, transmit, or otherwise make available through the Platform, their use of the Platform, their violation of these Terms, or their violation of any rights of another.

6.2 Indemnification Survival

This indemnification obligation will survive the termination of the User's account or use of the Platform.

7. Non-Refund Policy

7.1 Policy Overview

All purchases of advertising services on the Platform are final and strictly non-refundable under any circumstances. By purchasing advertising services, Users acknowledge and agree that payments made are non-reversible, regardless of the outcome or performance of the advertisement or Listing.

7.2 Listing Posting

Once a Listing has been successfully posted on the Platform, Users forfeit any right to request or receive a refund. This policy applies irrespective of whether the Listing is modified, canceled, or removed by the User or by Indigolistings in accordance with these Terms.

7.3 User Responsibility

Users are solely responsible for thoroughly reviewing and verifying the accuracy, completeness, and suitability of their Listings before finalizing their purchase. Indigolistings is not obligated to provide any corrections, edits, or refunds for errors or omissions in User-submitted Listings after payment has been completed.

7.4 Service Modifications

Indigolistings reserves the right to modify, suspend, or permanently discontinue the Services (or any part thereof), including access to or availability of Listings, at any time with or without prior notice. Users acknowledge that such modifications or discontinuations do not entitle them to any refunds, compensation, or credits, even if their purchased Listings are affected.

7.5 Policy Exceptions

This non-refund policy is absolute and applies universally to all advertising services offered on the Platform. The only exceptions to this policy are instances of demonstrable technical errors directly attributable to Indigolistings that result in the non-delivery or improper posting of a Listing. In such cases, at its sole discretion, Indigolistings may choose to issue a credit or re-post the Listing as a remedy.

7.6 Indemnification

Users agree to indemnify and hold harmless Indigolistings from any claims, demands, or disputes arising from or related to their misunderstanding or non-compliance with this non-refund policy.

7.7 No Guarantees

Users understand and agree that Indigolistings does not guarantee any specific results, outcomes, or returns from advertising services or Listings posted on the Platform. The effectiveness of advertising depends on multiple factors outside the control of Indigolistings, and dissatisfaction with the performance of a Listing does not constitute grounds for a refund.

7.8 Policy Acknowledgment

By purchasing advertising services, Users expressly acknowledge that they have read, understood, and agreed to this non-refund policy in its entirety. This acknowledgment is a condition of accessing and using the Platform's advertising services.

8. Payment Processing

8.1 Platform Role

Indigolistings does not process, manage, or facilitate payments or financial transactions between Users. All payment arrangements and exchanges of value for goods, services, or Listings must be conducted directly between the Users involved. The Platform solely acts as a venue for Users to connect and does not participate in the payment process in any capacity.

8.2 User Responsibility

Users are solely responsible for independently determining and agreeing upon payment methods, terms, and conditions for Transactions conducted through the Platform. These payment arrangements must be handled outside the Platform, utilizing mutually agreed-upon methods such as bank transfers, digital wallets, or other payment services.

8.3 Liability Disclaimer

Indigolistings is not a party to any financial or contractual arrangements made between Users and expressly disclaims all liability for disputes, delays, non-payment, fraud, or other issues arising from payment transactions. Users must resolve such issues directly with one another and/or with the payment service providers used.

8.4 Legal Compliance

Users agree to comply with all applicable laws, regulations, and terms of service of the payment service providers they select for Transactions conducted via the Platform. This includes adhering to anti-fraud measures, verifying the legitimacy of the transaction counterpart, and honoring agreed-upon payment commitments.

8.5 Risk Acknowledgment

By engaging in Transactions through the Platform, Users acknowledge and accept the inherent risks associated with independent payment processing, including but not limited to loss, fraud, unauthorized transactions, or miscommunication. Users are encouraged to take appropriate precautions, such as using reputable payment services and documenting transaction agreements.

8.6 Recommended Practices

To enhance safety and reduce risks, Indigolistings recommends the following practices for Users engaging in Transactions:

• Utilize trusted and verified payment services.
• Clearly document all transaction terms, including payment amounts, deadlines, and delivery expectations.
• Avoid sharing sensitive financial information unless absolutely necessary and ensure secure communication channels are used.
• Retain records of all payment-related communications and receipts for future reference.

8.7 Dispute Resolution

While Indigolistings does not mediate payment disputes, we encourage Users to report incidents involving potential fraud or malicious activity to help maintain a safe and trusted community. Any such reports will be reviewed, and appropriate action may be taken, such as suspending or banning violators from the Platform.

9. Dispute Resolution

9.1 Arbitration

Any disputes arising out of or related to these Terms or the use of the Platform shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

9.2 Jury Trial Waiver

Users agree to waive their right to a jury trial.

9.3 Arbitration Location

The arbitration shall take place in Delaware, USA, and the language of the arbitration shall be English.

9.4 Claims Limitation

Users agree that any claim or cause of action arising out of or related to the use of the Platform or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

9.5 Injunctive Relief

Users agree that Indigolistings may seek injunctive or other appropriate relief in any state or federal court in the State of Delaware if necessary to protect its intellectual property rights or prevent a breach of these Terms.

10. Data Privacy and Compliance

10.1 Legal Compliance

Indigolistings is committed to adhering to all applicable data privacy, consumer protection, and related regulations in the jurisdictions in which we operate. This includes, but is not limited to, compliance with laws such as the General Data Protection Regulation (GDPR) in the European Union, the California Consumer Privacy Act (CCPA) in the United States, and other similar laws designed to protect consumer rights and personal information.

10.2 Privacy Policy

By accessing or using the Platform, Users agree to the collection, use, processing, and disclosure of their personal information as outlined in our Privacy Policy. This includes the use of personal data for purposes such as providing the Platform's services, improving user experience, conducting analytics, and complying with legal obligations. Users are encouraged to review the Privacy Policy carefully to understand how their information is handled.

10.3 User Responsibility

Users of the Platform are responsible for ensuring that their use of the Platform complies with all applicable data privacy and consumer protection laws in their respective jurisdictions. This responsibility extends to any personal information they collect, process, or share through the Platform, including in connection with Listings, communications, or Transactions.

10.4 Data Transfer

Users acknowledge and consent to the transfer, storage, and processing of their personal data in the United States or any other country where Indigolistings, its affiliates, or its service providers operate. While these locations may not have the same data protection standards as the jurisdiction where the User resides, Indigolistings takes appropriate measures to ensure that User data is protected in accordance with applicable laws and best practices.

10.5 Security Measures

Indigolistings employs reasonable administrative, technical, and physical safeguards to protect the confidentiality, integrity, and availability of personal data collected through the Platform. These measures include encryption, access controls, and regular security assessments. However, Users acknowledge that no system or transmission of data over the internet is entirely secure, and Indigolistings cannot guarantee the absolute security of personal information. Users are encouraged to take their own precautions, such as using strong passwords and safeguarding their account credentials.

10.6 Jurisdictional Compliance

Indigolistings operates in multiple jurisdictions and strives to comply with all relevant local laws governing data privacy, consumer protection, and other regulations applicable to the operation of the Platform. Users engaging with the Platform from specific jurisdictions should be aware that additional rights or obligations may apply to them under local law.

10.7 Third-Party Services

The Platform may rely on third-party service providers to perform functions such as hosting, analytics, and payment processing. These providers are contractually obligated to use personal data only as necessary to provide their services and in compliance with applicable privacy laws. Users agree to the sharing of their information with such providers as described in our Privacy Policy.

10.8 User Rights

Depending on the jurisdiction, Users may have certain rights regarding their personal data, including the right to access, correct, delete, or restrict the processing of their data. Users may also have the right to withdraw consent where processing is based on consent. Requests to exercise these rights can be made through the contact information provided in our Privacy Policy, and Indigolistings will respond in accordance with applicable laws.

10.9 Policy Updates

Indigolistings reserves the right to update or amend its data privacy practices and policies as needed to reflect changes in legal requirements, technological advancements, or operational needs. Users will be notified of significant changes through updates to the Privacy Policy or other appropriate means.

11. Disclaimer

11.1 User Honesty

Indigolistings does not guarantee the honesty of Users or the accuracy of User-provided information.

11.2 Due Diligence

Users are responsible for conducting their own due diligence before engaging in any transaction.

11.3 Third-Party Links

The Platform may contain links to third-party websites or services that are not owned or controlled by Indigolistings. Indigolistings is not responsible for the content, privacy policies, or practices of any third-party websites or services.

11.4 Third-Party Usage

Users acknowledge that their use of any third-party websites or services is at their own risk and that Indigolistings is not liable for any damages or losses arising from such use.

11.5 Content Removal

Indigolistings reserves the right to remove or disable access to any Listing or Content that violates these Terms or is otherwise objectionable, without prior notice or liability.

12. Amendments

12.1 Modification Rights

Indigolistings reserves the right to modify or amend these Terms at any time.

12.2 Notification

Users will be notified of any changes to these Terms through the Platform.

12.3 Continued Use

Continued use of the Platform after any such changes shall constitute your consent to such changes.

13. Governing Law

13.1 Applicable Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to its conflict of law principles.

14. Termination

14.1 Account Termination

Indigolistings may terminate or suspend a User's account and access to the Platform at any time, without prior notice or liability, for any reason whatsoever, including without limitation if the User breaches these Terms.

14.2 Access Cessation

Upon termination, the User's right to use the Platform will immediately cease.

14.3 User Termination

Users may terminate their account at any time by following the instructions provided on the Platform. Upon termination, Users are not entitled to any refunds.

14.4 Survival of Terms

All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

15. Intellectual Property Rights

15.1 Platform Ownership

The Platform and its original content, features, and functionality are and will remain the exclusive property of Indigolistings and its licensors.

15.2 Legal Protection

The Platform is protected by copyright, trademark, and other laws of both the United States and foreign countries.

15.3 Prohibited Actions

Users agree not to copy, modify, create derivative works from, reverse engineer, decompile, or disassemble any part of the Platform or its content.

15.4 Trademark Usage

Users agree not to use any trademarks, logos, or trade names of Indigolistings without our prior written consent.

16. Notices

16.1 Contact Information

All notices or other communications required or permitted to be given under these Terms will be in writing and delivered to:

Indigolistings LLC 1111B S Governors Ave STE 23454 Dover, DE, 19904 US Email: support@indigolistings.com

17. Force Majeure

17.1 Uncontrollable Events

Indigolistings shall not be liable for any failure to perform its obligations under these Terms if such failure results from any cause beyond its reasonable control, including, without limitation, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

18. No Waiver

18.1 Waiver Effect

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Indigolistings' failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

19. Severability

19.1 Invalid Provisions

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.

19.2 Modification of Invalid Provisions

If any provision of these Terms is found to be invalid or unenforceable, the provision will be modified so as to be valid and enforceable to the fullest extent permitted by law, while preserving the original intent of the provision.

20. Entire Agreement

20.1 Complete Agreement

These Terms, together with our Privacy Policy and any other legal notices published by Indigolistings on the Platform, constitute the entire agreement between you and Indigolistings concerning your use of the Platform.

21. Assignment

21.1 User Assignment

Users may not assign or transfer their rights or obligations under these Terms without the prior written consent of Indigolistings.

21.2 Company Assignment

Indigolistings may freely assign or transfer its rights and obligations under these Terms without restriction.

22. Headings

22.1 Section Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

23. Contact Information

23.1 Contact Details

For any questions or concerns regarding these Terms, please contact us at:

Email: support@indigolistings.com Address: 1111B S Governors Ave STE 23454 Dover, DE, 19904 US